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FAIRLESS ENERGY, LLC v. FERC

No. 21-1195. Consolidated with 21-1264.

77 F.4th 1140 (2023)

FAIRLESS ENERGY, LLC, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent Transcontinental Gas Pipe Line Company, LLC, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided August 11, 2023.

Attorney(s) appearing for the Case

Jeffrey S. Bucholtz argued the cause for petitioner. On the briefs were Ashley C. Parrish , Zori G. Ferkin , and Christine M. Carletta .

Carol J. Banta , Senior Attorney, Federal Energy Regulatory Commission, argued the cause for respondent. With her on the brief were Matthew R. Christiansen , General Counsel, and Robert H. Solomon , Solicitor.

Matthew J. Binette argued the cause for intervenor. With him on the brief was Michael J. Thompson.

Before: Childs, Circuit Judge, and Rogers, Senior Circuit Judge.

Petitioner Fairless Energy, LLC (Fairless Energy) contends that it pays too much for the transportation of natural gas to fuel its electric power generating plant located in Fairless Hills, Pennsylvania (the Fairless plant). In these consolidated petitions for review of orders of the Federal Energy Regulatory Commission (the...

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